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HomeMy WebLinkAbout11/17/1977M COMMISSIONERS City of Newport Beach Regular Planning Commission Meeting Place: City Council Chambers Time: 7:00 P.M. Date: November 17, 1977 MOLL CALL Present X X X X X X Absent X EX- OFFICIO MEMBERS R. V. Hogan, Community Development Director Hugh Coffin, Assistant City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Assistant Director - Plannin Fred Talarico, Senior Planner Shirley Harbeck, Secretary Motion X Minutes of the Regular Meeting of November 3, es X X X X X X 1977, were approved as written. sent X Request to consider proposed amendments to the Newport Beach General Plan. Public hearing was opened in connection with th matter. The following discussion and actions were taken 77 -3 -A: A proposed amendment to the Land Use a Residential Growth Elements to change the desi 9- nation on property currently in the R -2 Distri located on the east side of North Newport Boul e- vard, north of Santa Ana Avenue, from "Two -Fami Residential" to "Retail and Service Commercial. Dean Gilbert, 2472 Eldon Avenue, Costa Mesa, appeared before the Commission and advised that construction costs as well as the ability to secure financing had become problems with respe to developing the property as residential under the R -2 standards. He, therefore, requested th the General Plan be expanded to include either "Two- Family Residential" or "Retail and Service Page 1. MINUTES INOLX Item #1 GENERAL PL7 (CT_— 7MDMENT is nd 77 -3 -A ct, DENIED 1 y C at COMMISSIONERS City of n'M 9C �n 9 `i ti Nnvnmhor 17 Newport Beach 1Q77 MOLL BAIL Commercial" in order that a motel development cc be considered for the property, which he felt would be a better use of the land since a re- evaluation of all the facts had been made. Mr. Gilbert answered questions of the Commission relative to his change in plans. Mr. Gibbs, an adjacent property owner, appeared before the Commission in opposition to.a change to "Retail and Service Commercial" because of ii proximity to the adjacent residential area and felt that the property should remain in the R -2 District and be developed for residential use. Following discussion, including the fact that 0 property had been thoroughly reviewed at recent meetings and testimony had been taken as to the type of development desired by those in the Motion X neighborhood, motion was made that this proposec Ayes X X X X X X amendment be denied and that the property remair Absent X in the R -2 District. 77 -3 -B: A proposed amendment to the Land.Use ar Residential Growth Elements to change the desig- nation of the Roger's Garden site and the vacant property to the south, bounded by MacArthur Boulevard,: San Joaquin Hills Road, and San Miguc Drive, from "Low- Density Residential" to "Retai' and Service Commercial." Community Development Director Hogan commented I the proposed amendment and recommended that it I removed from the calendar with the intent that be reconsidered at the February, 1978, General Plan Amendment Session because of further study and planning needed as to the best use of the land. He advised that the property owner had nl as yet made a decision as to what land use they would like on the property adjacent to Roger's Garden, and that the homeowners adjacent to the property were concerned with the land use and tl possible extension of San Miguel Drive. He advised that more information would be available prior to the February meeting with respect to traffic patterns in the area and consequently tl need for the proper configuration of San Miguel Page 2. MINUTES • 1� INO�JC UTA S is I i • 77 -3 -B d FROM UTENDAR ,1 m re t rt 1e 1e COMMISSIONERS 1 i C VQF�AC OO�y'fpMQ. Ya `''i y SO,Y City of Newport. Beach November 17. 1977 MOLL CALL Drive. In view of the above, staff felt it was inappropriate at this time to continue work on this amendment. With respect to the Roger's Garden development, staff suggested that they amend their existing use permit for the changes desired which would bring the matter before the Commission at a public hearing and give everyone the opportunity to review and comment on the proposed development. This would also provide the Commission with the opportunity to consider the Roger's Garden development without confusion with the General Plan Amendment. Don Atkinson, 550 Newport Center Drive, Attorney for Roger's Garden, appeared before the Commissi and concurred with the report given by Mr. Hogan and the recommendation that the proposed amendme be withdrawn at this time. The following persons also appeared before the . Commission and concurred with the report and staff recommendation to remove the proposed amendment from the calendar: Philip Arst, 2601 Lighthouse Lane, Corona del Ma President of the Broadmoor Hills Community Association; Jack Light, 2707 Wavecrest Drive, President of 1 Harbor View Broadmoor Community Association; anc Jose Elaydo, 2915 Ebbtide Road, President of the Harbor View Hills Community Association. Motion X Motion was made that Planning Commission accept Ayes X X X X X X the staff recommendation and remove this matter Absent X from the calendar with the intent that it be considered at the February, 1978, General Plan Amendment Session. 77 -3 -C: A proposed amendment to the Residential Growth Element to revise the definition of "buildable acreage" to exclude areas dedicated . for park purposes and areas to be used for stree purposes. Page 3. MINUTES INOEX r, he REMOVED FR M C ENDAR t COMMISSIONERS s z City of Newport Beach °z November 17. 1977 POLL CALL No one desired to appear and be heard in connec- tion with this proposed amendment. Since this request pertained to the General Plar Review which will be held in the near future, Motion X motion was made that this proposed amendment be Ayes X X X X X X removed from the calendar with the intent that i Absent X be considered at the February, 1978, General Pla Amendment Session. x x x A proposed amendment to the Land Use and Resider tial Growth Elements creating a new density category of "High- Density Residential -- Greater than 10 DU's per Buildable Acre," and amending the Land Use Plan and-Residential Growth Plan maps as appropriate. No one desired to appear and be heard in connec- tion with this proposed amendment. Since this request also pertained to the General Plan Review which will be held in the near futur Motion X motion was made that this proposed amendment be Ayes X X X X X X removed from the calendar with the intent that Absent X it be considered at the February, 1978, General Plan Amendment Session. x x x Motion X Motion was made to adopt Resolution No. 998 Ayes X X X X X X reflecting the actions of the Commission taken Absent X in connection with General Plan Amendment No. 77 -3. x * x Request to create three parcels of land for com- mercial development and one parcel of land for landscape and sign purposes in Newport Center, and the acceptance of an environmental document. Location: A portion of Lot 22, Tract No. 601 located on the easterly side of Santa Cruz Drive between San Joagl Page 4. MINUTES • INDIM t n 77 -3 -D - REMOVED fRW_ CALENDAR • e, 5, i Res. No. W opted Item #2 RESUB- DIVISION 563— REMOV FR GULENDAR COMMISSIONERS v arss. << • � v 7� FP Z� ;� n1 MOLL CALL Motion Ayes Absent • Motion Ayes Absent I 1 lJ City of Newport Beach u i,e, i MINUTES Hills Road and Newport Center Drive in Block 600 of Newport Center. C -O -H The Irvine Company, Newport Beach Same as. Applicant Williamson and Schmid, Irvine west of the applicant, Planning I removed this matter from the calendar. > permit the installation of lights on a I court to be constructed by the Boy's ie Harbor Area on City property adjacent is Club, in Eastbluff Park. Portion of Block 52 of Irvine's Subdivision, located adjacent to t Boy's Club, 2555 Vista del Oro, in Eastbluff Park. R -4 -B -2 P.R.D. City of Newport Beach Same as Applicant :ommission continued this matter to the F December 1, 1977. Page 5. INOKX Item #3 USE PERMIT CONT. TO DE TT- Zone: Applicant. Owner: Engineer: X At the rei X X X X X X Commissioi x Request t, basketbal Club of t to the Bo; Location: Zone: Applicant Owner: x Planning x x x x x x meeting o x MINUTES Hills Road and Newport Center Drive in Block 600 of Newport Center. C -O -H The Irvine Company, Newport Beach Same as. Applicant Williamson and Schmid, Irvine west of the applicant, Planning I removed this matter from the calendar. > permit the installation of lights on a I court to be constructed by the Boy's ie Harbor Area on City property adjacent is Club, in Eastbluff Park. Portion of Block 52 of Irvine's Subdivision, located adjacent to t Boy's Club, 2555 Vista del Oro, in Eastbluff Park. R -4 -B -2 P.R.D. City of Newport Beach Same as Applicant :ommission continued this matter to the F December 1, 1977. Page 5. INOKX Item #3 USE PERMIT CONT. TO DE TT- COMMISSIONERS MOLL CALL Motion Ayes Noes Absent City of Newport Beach N n,ro mhcn 17 MINUTES • approval of a Final Map to subdivide into seven lots for two family resi- !lopment and one lot to be utilized as iress and egress for four of the pro - �ntial lots. A portion of Lot 47, Newport Heights located at 2507 -2525 - 16th Street, on the southeasterly corner of 16th Street and Tustin Avenue in Newport Heights. R -2 Pacesetter Homes, Inc., Newport Be Same as Applicant Church Engineering, Inc., Newport Beach vas opened in connection with this lack Thompson appeared before the in behalf of Pacesetter Homes. He ith the staff report and recommenda- no others. desiring to. appear and be iiscussion was brought back to the nade that Planning Commission approve ract No. 9810, subject to the followi 1 applicable conditions of approval for tative map of Tract No. 9810 shall be ed. r Hummel advised that he could not tentative map and therefore could not final map because he felt the project cess and the congested type of a drive the best interest of an orderly in this particular location. iscussion, the motion was voted.on and Page 6. INOIX Item #4 FINAL F1A_ TRACT 7$T- Request the 0.926 acres dential devi a common in, posed resid Location: Zone: Applicant: Owner: Engineering Discussion matter and Commission concurred w tions. There being heard, the Commission. x Motion was Final Map T condition: 1. That al the ten fulfill Commissione support the support the with its ac was not in development x x x X Following d x x carried. x MINUTES • approval of a Final Map to subdivide into seven lots for two family resi- !lopment and one lot to be utilized as iress and egress for four of the pro - �ntial lots. A portion of Lot 47, Newport Heights located at 2507 -2525 - 16th Street, on the southeasterly corner of 16th Street and Tustin Avenue in Newport Heights. R -2 Pacesetter Homes, Inc., Newport Be Same as Applicant Church Engineering, Inc., Newport Beach vas opened in connection with this lack Thompson appeared before the in behalf of Pacesetter Homes. He ith the staff report and recommenda- no others. desiring to. appear and be iiscussion was brought back to the nade that Planning Commission approve ract No. 9810, subject to the followi 1 applicable conditions of approval for tative map of Tract No. 9810 shall be ed. r Hummel advised that he could not tentative map and therefore could not final map because he felt the project cess and the congested type of a drive the best interest of an orderly in this particular location. iscussion, the motion was voted.on and Page 6. INOIX Item #4 FINAL F1A_ TRACT 7$T- COMMISSIONERS • MOLL CALL. • otion �4yes Absent. W. City of Newport Beach November 17, 1977 3 establish one lot where four lots now as to permit the conversion of eight it units into an eight unit residential um complex. MINUTES Lots 5, 6, 7 and 8, Block 2, Balboa Tract, located at 421 -427 East Bay Avenue, on the southwesterly corner of East Bay Avenue and Adams Street on the Balboa Peninsula. R -3 Richard R. Cantrell,. Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach aring was opened in connection with this son appeared before the Commission on Robert Bein, William Frost & Associates ed that the applicant concurred with the ort and recommendations. He answered of the Commission with respect to the ion of the building and insulation ng no others desiring to appear and be e public hearing was closed. ner Hummel voiced concern with respect tc attenuation and questioned if there was to advise potential owners of a possible Y• City Attorney Coffin advised that notice given through the C.C.& R.s and that No. 2 could be amended to include sound on. discussion, motion was made that Commission make the following findings: the proposed map is consistent with Page 7. INOIX Item #5 TENTATIVE WTOU 10 3—T 5 APPROVED ZURDT- - TTGNIFTY Request t, exist so residenti condomini Location: Zone: Applicant Owner: Engineer: Public he matter. Larry Wil behalf of and advis staff rep questions construct thereof. There bei heard, th Commissio the sound some way deficienc Assistant could be Condition attenuati X Following X X X X X Planning X 1. That 3 establish one lot where four lots now as to permit the conversion of eight it units into an eight unit residential um complex. MINUTES Lots 5, 6, 7 and 8, Block 2, Balboa Tract, located at 421 -427 East Bay Avenue, on the southwesterly corner of East Bay Avenue and Adams Street on the Balboa Peninsula. R -3 Richard R. Cantrell,. Newport Beach Same as Applicant Robert Bein, William Frost & Associates, Newport Beach aring was opened in connection with this son appeared before the Commission on Robert Bein, William Frost & Associates ed that the applicant concurred with the ort and recommendations. He answered of the Commission with respect to the ion of the building and insulation ng no others desiring to appear and be e public hearing was closed. ner Hummel voiced concern with respect tc attenuation and questioned if there was to advise potential owners of a possible Y• City Attorney Coffin advised that notice given through the C.C.& R.s and that No. 2 could be amended to include sound on. discussion, motion was made that Commission make the following findings: the proposed map is consistent with Page 7. INOIX Item #5 TENTATIVE WTOU 10 3—T 5 APPROVED ZURDT- - TTGNIFTY COMMISSIONERS pulp 7C C4 PMA 7a G� ry City of Newport Beach Nnvamhar 17. 1977 MOLL CALL applicable general and specific plans. 2. That the design or improvement of the propo! subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for thl type of development proposed. 4. That the site is physically suitable for thl proposed density of development. 5. That the design of the subdivision or the proposed improvements will not cause substal tial environmental damage or substantially I avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the pi posed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improvements will not conflict witl any easements, acquired by the public at la for access through or use of, property with the proposed subdivision. 8. That the discharge of waste from the propos subdivision will not result in or.add to an; violation of existing requirements prescrib by a California Regional Water Quality Cont Board pursuant to Division 7 (commencing wi Section 1300) of the Water Code. 9. That the proposed nonconforming features on the site that will be created from combinin four lots into one building site is only a technicality, and presents no problems from a building or planning standpoint. 10. That each of the tenants of the proposed condominium will be given 120 days written notice of intention to convert prior to termination of tenancy due to the proposed conversion. 11. That each of the tenants of the proposed condominium will be given notice of an excl sive right to contract for the purchase of Page 8. MINUTES • n1 a I •g n ad r ad •o' ;h J- INOax • COMSR SSION MI E °o Sm'i9 ER City of Newport Beach MINUTES • R��ot C Nnvember 17. 1977 POLL GALL their respective units upon the same terms and conditions that such units will be initi ally offered to the general public or terms more favorable to the tenant. and approve Tentative Map Tract No. 10135, subjl to the following conditions: 1. That a Final Map be filed. 2. That there shall be submitted a declaration Covenants, Conditions and Restrictions, set ting forth an enforceable method of insurin the continued maintenance of the existing landscaping, fencing, residential structure and utility facilities on the site. In addition the C.C.& R.s shall also include, for prospective owners, disclosures regardi sound transmission between units and the absence of sound attenuation materials or construction if such do not exist. The C.0 . R.s shall also include a disclosure of any common sewer line or other common utilities found to service the condominium and the maintenance responsibilities of said utilit Furthermore, the City shall not be held re- sponsible for any future problems with the subject utilities in conjunction with the conversion of the existing duplexes to an E unit condominium complex. 3. That the dwelling unit shall be inspected a brought into compliance with.the applicable building standards of the City at the time the building was constructed. 4. That two accessible.garage spaces shall.be maintained for each dwelling unit on the s- at all times. 5. That each tenant of the proposed condominii shall be given 120 days written notice of intention to convert prior to termination 1 tenancy due to the proposed conversion. A copy of said written notice shall be provii to the Director of Community Development ai • evidence that this condition has been met. 6. That each of the tenants of the proposed condominium shall be given written notice Page 9. to 0 1g ies. nd to A if led )f INOIX COMMISSIONERS City November 17 Newport Beach 1977 MOLL GALL an exclusive right to contract for the pur0 of their respective units upon the same tern and conditions that such units will be initi ally offered to the general public or terms more favorable to the tenant. The .right shall run for a period of not less than 60 days from the date of issuance of the subdii Sion public report issued pursuant to SectiE 11018.2 of the Business and Professional Co( unless the tenant gives prior written noticE of his intention not to exercise the right. A copy of said written notice shall be provi to the Director of Community Development as evidence that this condition has been met. Request to consider revocation of Use Permit No, 1775 which permits the operation of an outdoor restaurant facility with on -sale beer and wine i the M -1 District at 2813 Villa Way in Cannery Village (Paula's Fine Foods), to determine whetf or not said use permit currently held by Paula Schoepe should be revoked for failure to comply with certain conditions of approval. Initiated by: The City of Newport Beach Community Development Director Hogan presented additional correspondence received from the Oral County Health Department as to the adequacy of 1 operation, letters from Corrigan Provision Comp< and R. L. Lawrence in support of the restaurant, . and a petition containing over 200 signatures ii favor of the restaurant. Public hearing was opened in connection with th matter. Paula Schoepe, owner of the restaurant at 2813 Villa Way, appeared before the Commission in connection with this matter. She presented a survey which she had taken from approximately 500 people who had visited the restaurant relat, to parking and other activities. .Ms. Schoepe responded to the remarks contained in the staff report as follows: Page 10. C . MINUTES •. INCIM a is i n e Item #6 REVOCATION 0 U n E e NOT REVOKED s VE 0 COMMISSIONERS 9Q 9 �O P slp SG �L City of Newport Beach November 17, 1977 ROLL CALL Paved parking: Gravel was placed on the parking space instead of paving because the grade of the property was lower than the unpaved alley which created a problem with drainage. She advised of her willingness to pave the space but voiced concern with the resulting drainage problems and expense. Hours of operation: Admitted to extending the hours without approval because she did not feel there would be a problem and the success of the business justified the longer hours. Screened trash enclosure: Advised that a gate could be added in order to meet this condition. Seating capacity: Advised that the restaurant opens with a seating capacity of 36 and the extr chairs are for the use of guests waiting to be seated. • Offsite parking: Felt that the parking was adequate as indicated by the survey as well as 1 fact that no parking problems exist during the evening hours. Number of employees: Originally advised there would be three employees, however, since the business had increased, it was necessary to hire more people during peak hours. Employee parkin( has been secured through an informal agreement and the increase has not created any parking problems in the area. Live entertainment: She was not aware of the need for approval of live entertainment and has since eliminated this activity until approval is secured. She commented on the type of music proposed and the desire-to also provide music in the patio since the restaurant is located in the M -1 District and would not bother any one. Resubdivision: She advised that this matter way referred to the property owner because she felt this was their responsibility. Ms. Schoepe answered questions of the Commissioi • and advised that she did not completely underst; the original use permit, however, she realized this was no excuse for the various violations. Page 11. MINUTES :he in INOIX COMMISSIONERS City of Newport Beach November 17. 1977 ROLL CALL Planning Commission advised Ms. Schoepe of her responsibility to adhere to the conditions of th use permit and voiced concern with her failure t do so. They also discussed the criteria used to establish the number of employees. Wake Mack, Attorney, appeared before the Commiss .on behalf of Bob Ellsworth, owner of Angler's Center and complainant of the operation of Paula Restaurant. He commented on the various violati and advised that Mr. Ellsworth had suffered because the conditions of the use permit were no followed and, therefore, supported the revocatic of the use permit. Zachary Sham, Sham & Kent, Architects, 501 31st Street, commented that Paula's Restaurant was tF type of business the Cannery Village was trying to encourage and felt that parking was only a problem during the summer months in the daytime. Jim Wood, 112 Street, commented on the live .38th entertainment and advised that no complaints hac been received and that the restaurant had brougt business into the area. Hilary Imes, interior decorator at 501 31st Stre and President of the Cannery Village Associatior commented that the restaurant brought new peoplf into the area which was what the Association was striving to accomplish. Ruth Jamison, 216 Via Itheca, advised that her daughters had worked for Paula's and ride their bicycles to work, they do not drive cars. Reg Anderson felt that people with inititive to go into business should not be discouraged and that the use permit should not be revoked but that the owner should comply with the condition! imposed. Bruce Bridgeman, 227 Sapphire, Balboa Island, felt that the restaurant was a viable business and helped bring other business into the area. Paul Ziesing, 420 31st Street, appeared in opposition to the revocation and in favor of thi restaurant. Page 12. MINUTES • INORX e 0 io s on t in le I It yet • COMMISSIONERS City of Newport Beach Nnvomhcr 17. 1Q77 ROLL CALL Item #7 it USE PERMIT 1775— ie APPROVED CONDI- TiC! ELY Joe B.egano, developer, felt that the restaurant I was an asset to the area. Dick Maynard, prior resident of.2804 Newport Boulevard, commented on the improvements which have been made since the restaurant was establis Bob Ellsworth, complainant, advised he did not request the revocation of the use permit, but. did feel that the conditions should strictly be met. He answered questions of the Commission relative to parking and number of tables and /or seating allowed in the patio area. Sandra Gold, 2940 W. Coast highway, employee of Paula's Restaurant commented on the seating arrangement. There being nc others desiring to appear and be heard, the pub is hearing vras closed. • Following discussion relative to the previous conditions imposed on the use permit and the possible need to change some of the conditions in order to re`lect a more realistic situation, Motion X m •�tion was ma.:e not to revoke the use permit. Ayes X X I X X X X Absent X i Request to amend a previous)y approved use perm that allowed the establishment of Paula's Fine Foods restaurant facility in the M -1 District sl as to permit live entertainment and to extend ti allowable hours of operation of said restaurant use. The appl`.cant is also requesting an exten- sion of the original use permit application. Location: Lot 23, Block 225., Lancaster's Addition, located at 2813 Villa W+ on the southwesterly side of Villi Way between 28th Street and 29th Street in Cannery Village. Zone: M -1 Applicant: Paula Schoepe, Newport Beach Page 13. MINUTES INOtX Item #7 it USE PERMIT 1775— ie APPROVED CONDI- TiC! ELY ay I COMMISSIONERS NIP °OFP�s9sG;�y City of Newport Beach MINUTES goy November 17. 1977 MOLL CALL Owner: Ruth D. Miller, Newport Beach Staff answered questions of the Commission rela- tive to parking, limitations on seating, and enforcement of the use permit. Public hearing was opened in connection with thi matter. Paula Schoepe, 2813 Villa Way, appeared before the Commission in connection with this matter. She advised it would be difficult to provide th additional parking spaces for the musicians, requested that the live entertainment be provide on the patio because this was an M -1 District and it would not bother any one, and commented on the hours of operation for the restaurant as well as the live entertainment.. Ms. Schoepe answered questions of the Commission relative t seating and agreed to remove all chairs in exce of the 36 permitted. Frank Schoepe, 3509 Seashore questioned the par ing for such restaurants as E1 Ranchito and the Crab Cooker. Staff advised that these .restaura were nonconforming businesses established prior to the time that parking was required. An unidentified contractor commented on the infeasibility of paving the parking space at th time and felt that the entire alley should be paved first. Paul Ziesing, 420 31st Street suggested that required parking be on a sliding scale and rela to the days and hours of operation. Dan Levin, 2811 Lafayette, commented on.the parking and the willingness of the parties conc to work out their problems through signing or. some other means, whereby restaurant patrons would not park in spaces specifically designate( for other businesses. He further commented on the spirit and unique character which has been established in Cannery Village. John Kramer, Santa Ana Avenue, Costa Mesa, commented on his observation of the restaurant operation and further that he had never experier any parking problems in all the times he has patronized the restaurant. Page 14. s ree d 0 ss k- nts is ted ern d ICE INOUC • COMMISSIONERS City of Newport . Beach November 17. 1977 MOLL CALL There being no others desiring to appear and be heard, the public hearing was closed. Commissioner Agee commented that the original conditions were somewhat unrealistic and felt Motion X X t that changes should be made at this time. Ther Ayes X X X X X X X X X X X X f fore, motion was made that Planning Commission Absent X X m make the the findings: 1. That the proposed use is consistent with th4 Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. That adequate offstreet parking spaces will be provided. 4. The approval of Use Permit No. 1775 (Amende • w will not, under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighbor hood or the general welfare of the City. and approve Use Permit No. 1775 (Amended) subje to the following conditions: 1. That development shall be in substantial conformance with the plot plan as approved with the exception that the parking space o the rear of the site need not be paved unti such time as the alley is paved. 2. That all applicable conditions of approval the original Use Permit No. 1775 shall be m within 30 days of the approval of this amen application, unless revised below. 3. That the restaurant facility shall not be open for business prior to 9:00 A.M. or aft 11:00 P.M. 4. That a maximum of 36 seats shall be permitt • 4 within the building or on the open patio at all times unless additional parking is pro- vided and secured by an offsite parking Page 15. d) t fo et de e ed INOIX COMMISSIONERS o�� yt p,� Ptuo va L'i t City of Newport Beach November 17, 1977 MOLL CALL agreement. This limitation shall not incluc a bench which may be provided to seat patror who are waiting to be served. Said bench she be placed adjacent to a planter or next to a building as opposed to a location close to z table. 5. That an offsite parking agreement shall be approved by the Planning Commission and the City Council guaranteeing that a minimum of 6 parking spaces shall be provided on an approved site or sites for the duration of the restaurant use on the property in quest' (This condition shall not be construed to require spaces in addition to the six which have already been secured by an offsite part ing agreement.) 6. That there shall be no more than six empl.oyf on duty at any one time. (This condition shall not be construed to include the owner of the restaurant.) 7. That the live entertainment shall be confine to the interior of the facility except on Saturday and Sunday when live entertainment may be provided on the open patio. S. That there shall be no sound amplification used outside of the structure on the open patio. 9. That the approved offsite parking lot be signed and the spaces thereon identified in such a fashion that restaurant patrons will park in the designated spaces. 10. That Use Permit No. 1775 as amended shall. extend for a period of one year, and any extension shall be subject to the approval.i the Modifications Committee. (The Modifica tions Committee has the authority to refer this application to the Planning Commission if violations or other problems are observe at that time.) 11. That the parcel map required under Resubdiv lion No. 521 shall be recorded. Page 16. MINUTES s 11 ?e ?d of i - INCILX • COMMISSIONERS City of Newport Beach MINUTES November 17, 1977 DOLL CALL Planning Commission recessed at 9:35 P.M. and reconvened at 9:40 P.M. Request to permit the construction of a commerc, building in the C -1 District where the required parking spaces are proposed to be located on thl roof of said building, and the acceptance of an environmental document. A modification to the Zoning Code is also requested since the parking lot and related walls encroach to the rear pro- perty line (where the Code requires a 10 foot rear yard when abutting an alley). Furthermore one compact space with a depth of 16 feet is proposed where the Code requires minimum 18 fool deep spaces). Location: Lot 53, Tract No. 673 B, located • at 3840 East Coast Highway, on th northeasterly side of East Coast Highway, easterly of Hazel Drive in Corona del Mar. Zone: C -1 Applicant: Ernest George, Corona del Mar Owner: Same as Applicant Staff answered questions of the Commission relative to the grade and paving of the alley. Public hearing was opened i.n connection with this matter. Ernest George, applicant, appeared before the Commission and commented on the ratio of requir parking to the square footage of the building. George Koteles, 320 West Coast Highway, appeare before the Commission and advised that the guy wire in the alley would be moved so as not to interfere with ingress or egress to the parking • Michael Wray, property owner across the alley, appeared before the Commission and urged that the applicant be allowed to construct a 2,000 square foot building because of the economics Page 17. al ed iNOax Item #8 USE PERMIT 1848 APPROVED CZNDT— TMNFELY COMMISSIONERS City of Newport Beach November 17, 1977 /TOLL GALL involved, requested that the alley drain to the east rather than increase the grade which would curtail his view due to parked cars, and request that the applicant place steel posts in such a manner as to prevent people from backing into h' building across the alley. George Koteles appeared before the Commission al requested that the parking space adjacent to th alley remain because of the configuration of thi alley which ends at this location and the fact that the driveway could be used for turn- around purposes. There being no others desiring to appear and be heard, the public hearing was closed. Planning Commission discussed the turn - around area at the end of the alley. Motion X Following discussion, motion was made that Ayes X X X X X X Planning Commission accept the environmental Absent X document; that the following findings be made: 1. That the proposed use is consistent with th Land Use Element of the General Plan and is compatible with surrounding land uses. 2. The project will not have any significant environmental impact. 3. The Police Department has indicated that th do not contemplate any problems. 4. Adequate parking spaces will be provided in conjunction with the proposed development. 5. Parking on the roof of the proposed structu is a logical solution on this unusual site where the alley is approximately 12 to 15 feet higher than a major portion of the bui ing pad. 6. Adequate vehicular circulation will be prov in the proposed offstreet parking lot and adjacent alley if the proposed standard -siz parking space and related walls in the required 10 foot rear yard are redesigned a suggested by the Public Works Department. Page 18. MINUTES INOUX :e is id I • B ay re ld id d ed s . COMMISSIONERS NClty Of Newport Beach MINUTES t MOLL CALL 7. That the proposed standard parking space and related walls in the required rear yard set- back would, under the circumstances of the particular case, be detrimental to the heals safety, peace, comfort and general welfare t persons residing or working in the neighbor• hood of such proposed use and would be detr- mental or injurious to property and improve. ments in the neighborhood and the general welfare of the City, unless redesigned as suggested by the Public Works Department. 8'. The approval of Use Permit No. 1848 will no under the circumstances of this case be deti mental to the health, safety, peace, morals comfort and general welfare of persons resi ing and working in the neighborhood or be detrimental or injurious to property or improvements in the neighborhood or the • general welfare of the City. and that Use Permit No. 1848 be approved, subje to the following conditions: 1. That development shall be in.substantial conformance with the approved plot plans, elevations, and sections, except as noted in Condition No. 2. 2. That parking space No. 1 on the proposed parking lot layout shall be eliminated. However, eight parking spaces may be mainta ed provided the proposed parking lot and adjoining alley improvements are redesigned in a manner meeting the approval of the Cit, Traffic Engineer. 3. That a minimum of one parking space for eac 250 sq. ft. of commercial floor space shall be provided on the subject property. 4. That all mechanical equipment and trash are shall be screened from East Coast Highway, from the 15 foot wide alley, and from adjac properties. • 5. That all signs shall meet the provisions of the amended Sign Code recently approved by the Planning Commission. Page 19. :h , if ri- :t in- t ss ?nt armonx COMMISSIONERS sm s�l� City of $z November 17 Newport Beach 1977 ROLL CALL 6. That all public improvements be constructed as required by ordinance and the Public Work Department. 7. That the alley be improved with Portland Cement Concrete to full width (15 feet) across the northeasterly side of the lot to grades established by the Public Works Depar ment. (Note. The developer of the parcel c the northeasterly side of the alley will'be improving the first 40 feet of alley from Hazel Drive.) 8. That the sewer and water service be installe under an encroachment permit obtained from the Public Works Department. Any work in Ea Coast Highway will also require an encroach- ment permit from the California Department c Transportation. 9. That the building or related walls not encroach into the rear yard, and that the rear yard be brought up to the alley grade with an engineered embankment and surfaced with Portland Cement Concrete. This area will be needed to provide a turn - around. 10. That adequate facilities to drain the adjoir ing alley shall be provided in a manner meet the approval of the Public Works Department. Request to establish a take -out yogurt restaurar facility in one of the shops in Lido Village. Location: Parcel No. 1 of Parcel Map 59 -17 (Resubdivision No. 416), located a 3408 Via Oporto #2, on the north- easterly side of Via Oporto in Lic Village. Zone: C -1 -H Applicant: The Yogurt Connection, Inc., Carsc Owner:. Lido Village Center, Newport Beach Page 20. MINUTES • INOax s t- n d s f .W-3 in Item #9 t USE PIMMIT TM9__ t APPROVED ` C DI- o TIONALY 7 r1 U COMMISSIONERS 9CF1 YC (1� plp y L.; 1 City of Newport Beach November 17. 1977 ROLL CALL Staff presented a survey taken by the property owner indicating the use of the parking structut in Lido Village. Public hearing was opened in connection with th' matter. Gil Wayne, 91.2 Lido Nord, appeared before the Commission and concurred with the staff report and recommendations. There being no others desiring to appear and be heard, the public hearing was closed. Motion X Motion was made that Planning Commission make tl Ayes X X X X X X following findings: Absent X 1. That the proposed development is consistent with the General Plan and is compatible witl surrounding land uses. • 2. Adequate offstreet parking spaces and traff, circulation are being provided for the proposed development. 3. That the Police Department has indicated th they do not contemplate any problems. 4. That the waiver of the development standards for a typical take -out restaurant facility will not be detrimental to adjoining proper 5. The approval of Use Permit No. 1849 will po- under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of pers residing and working in the neighborhood . or detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. and approve Use Permit No. 1849, subject to the following conditions: 1.. That development shall be in substantial co formance with the approved plot plan. • 2. That the development standards for a typica take -out restaurant facility including 11 additional parking spaces are waived. Page 21. MINUTES. INOLX e s e c t :i Es . in be I- COMMISSIONERS 9p V np 4p Sip 1G �L City of Newport Beach /TOLL CALL . Request to construct a restaurant facility with on -sale alcoholic beverages and live entertain- ment in Koll Center Newport. Location: Parcel 3 of Parcel Map 76 -45 (Resubdivision No. 506) located.a 4601 Von Karman Avenue, on the northwesterly side of Von Karman Avenue between Birch Street and Campus Drive in Koll Center Newpo Zane: P -C Applicant: Harry Akullian, Jr., Irvine Owners: Harry and Ulla Marie Akullian, Irvine Planning Commission discussed the curb cuts, an ingress and egress into the property. Public hearing was opened in connection with th matter. Robert Zachary, building designer, appeared bef the Commission on behalf of the applicant and answered questions in connection with this requ He presented renderings of the proposed restaur for review. There being no others desiring to appear and be heard, the public hearing was closed. . Motion X Motion was made that Planning Commission make t Ayes X X X X X X following findings: Absent X 1. The proposed development is consistent with the General Plan, and is compatible with surrounding land uses. 2. Adequate offstreet parking spaces are being provided for the proposed development. 3. Adequate provisions for traffic circulation will be made in the parking lot with the existing and proposed common driveways and common ingress- egress aisles throughout Retail and Service Site No. 1. Page 22. MINUTES • t '.t INO<X Item #10 USE n MIT T9W_ APPROVED OONDf- — TTOWAICY it • Is )r 's in he I COMMISSIONERS City of Newport Beach 1077 MOLL CALL 4. That the Police Department has indicated tha they do not contemplate any problems. 5. The project will not have any significant environmental impact. 6. The approval of Use Permit No. 1850 will not under the circumstances of this case be detrimental to the health, safety, peace, morals, comfort and general welfare of perso residing and working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the gene welfare of the City. and approve Use Permit No. 1850, subject to the following conditions: 1. That development shall be in substantial conformance with the approved plot plan, flc • plans, and elevations. 2. That a minimum of one parking space /40 sq. f of "net floor area" shall be provided on -sit or on an approved off -site location. The provisions for additional office space in tt basement area shall be reviewed by staff at such time as building plans are submitted ar additional parking may be required if it is determined that said space is not ancillary to this particular restaurant. 3. That a landscape plan shall be submitted to and approved by the Director of Parks, Beact and Recreation. Said landscaping shall be implemented in accordance with the approved plan and the landscaping shall be permanentl maintained. 4. That all signs shall meet the Planned Commur Development Standards and shall be approved by the Director of Community Development. Convenience signs such as "entrance" or "exi shall have a maximum area of six square feel Said convenience signs shall not include the name or logo of the restaurant use. The . proposed ground sign shall not be located closer than 5 feet to the Von Karman right - of -way. Page 23. MINUTES t , ns ra or t. e e d es y it t" INOUX COMMISSIONERS ctp� vC O} p�0 �A L'i t City of Newport Beach NnvamhPr 17. 1977 woa.l. caa.l. 5. All exterior lighting shall.be approved by the Department of Community Development. 6. All mechanical equipment and the storage of cartons, containers and trash shall be shie' ed from view within a building or within an area enclosed by a wall or fence. 7. That a washout area for trash containers shall be provided in such a way as to allow direct drainage into the sewer system and not into the storm drains. 8. That the "net public area" of the restauran facility shall not be expanded into the basement of the proposed structure unless al amended use permit is approved by the Plan- ning Commission. Said amendment may requir( additional parking spaces. 9. That the water service and the sewer latera' be installed in a manner acceptable to the Public Works Department. This work shall bl done under an encroachment permit obtained from the Public Works Department. 10. That the common ingress- egress driveway centered along the southwesterly property 1 be improved to its full 30 foot width and full length between Von Karman Avenue and tl northwesterly property line. ADDITIONAL BUSINESS: Commissioner Frederickson reported on the activ ties of the Community Development Citizens Advisory Committee and their discussion relativ to low -cost housing. There being no further business, Planning Commi: sion adjourned the me ng. Tim�e:�1�0:25 P.M. PAUL L. BALALIS, Secretary Planning Commission City of Newport Beach Page 24. MINUTES . • E in ie s- INDIX